Confessions

Question 1

Miranda warnings

Answer 1

must bi given when someone is arrested and questioned. Dont have to be say verbatim

Question 2

Custody

Answer 2

You are in custody if at any time of the interrogation, a reasonable person would not feel free to leave (OBJECTIVE STANDARD). Court will determine whether the situation presents the same inherently coercive pressures as a station house questioning

• the “not free to leave” standard covers being i na cop carbeing in jail, but could also be in your home or hospital bed
• probation interviews and routine traffic stop arent custodial, no need for miranda warnings

Question 3

Interrogations

Answer 3

any conduct where cops knew or shouldve known they might have illicited a response from the suspect

-miranda not required for sponteanous statements by suspect, will be admissible

Question 4

Miranda Waiver

Answer 4

a. waiving miranda rights must be knowing and voluntary

b. courts will employ a totality of circumstances test in making this determination

Question 5

Invoking Miranda Rights

Answer 5

1. invoking right to silence must be unambiguous (remaining silent isnt enough)
2. cops may reinitiate questioning after the D has invoked right to silence if they wait a significant amount of time, D is mirandized, and the questions are limited to a crime that was not subject of the questioning

Question 6

Invoking Right to Counsel

Answer 6

a. request for counsel must be an uambigous request( maybe i should get a lawyer-not enough)
b. if D invokes right to counsel, all question must cease until the accused is given an attorney or the accused initiates further questioning
c. if there is break in custody (being released into the general prison population), the cops can come back and ask D to waive his miranda rights after 14 DAYS

Hypo: when D invoks right to counsel, and D talks. his statements arent allowed in as evidence at criminal trial, but can be used to impeach him if he takes stand

Question 7

5a right to counsel v 6a right to counsel

Answer 7

5a right to counsel: arises when suspect invokes his miranda rights and requests an attorney. Not offense specific and thus applies to the entire process of custodial police interrogation

6a right to counsel: offense specific, counsel only needs to present if D was being asked questions about the specfific case for which D has retained counsel
-when d hasnt requested counsel, and has merely been given appointed counsel, cops can come back and ask D to waive his 6a rights to counsel and talk to them about the crime for which he was charged

The 6a right to counsel applies to all critical stages of a criminal prosecution after formal proceedings have begun, but does not apply in precharge custodial interrogations. Because this right is “offense specific,” the fact that the right to counsel has attached for one charge does not bar questioning without counsel for an unrelated charge. Because the man has not been charged with the convenience store robbery, his Sixth Amendment right to counsel has not been violated.

Question 8

5a-when not required by government informant

Answer 8

The Fifth Amendment privilege against self-incrimination requires Miranda warnings and a valid waiver before any statement made by the accused during custodial interrogation can be admitted. However, this requirement does not apply where interrogation is by an informant who the defendant does not know is working for the police, because the coercive atmosphere of police-dominated interrogation is not present. [Illinois v. Perkins (1990)] Because the man was not aware of the informant’s status, the informant’s conduct did not constitute a police interrogation.

Question 9

Requesting attorney to invoke 5a rights

Answer 9

At any time prior to or during a custodial interrogation, the accused may invoke a Miranda (Fifth Amendment) right to counsel. If the accused invokes this right, all questioning must cease until the accused is provided with an attorney or initiates further questioning himself. Thus, the police questioning of the woman about the robbery was improper, and she can have her statements excluded.

• After receiving Miranda warnings, if an accused invokes the right to remain silent, the police cannot badger the accused. However, courts have ruled that if the police scrupulously honor the request, they can rewarn the accused and later resume questioning, at least about a different crime. Here, however, the accused did not simply invoke the right to remain silent, but rather requested an attorney. After such a request, as indicated above, all questioning must cease
• all questioning must stop until the accused is provided an attorney or resumes the questioning herself